NEW JERSEY LEMON LAW:
New Jersey has two Lemon Law Statutes. One for NEW vehicles and one for USED vehicles. See below:
NEW VEHICLES
New Jersey Lemon Law Statutes
Title 56:12-29 - 56:12-49
56:12-29. Findings, intentions
The Legislature finds that the purchase of a new motor vehicle is a major, high
cost consumer transaction and the inability to correct defects in these vehicles
creates a major hardship and an unacceptable economic burden on the consumer. It
is the intent of this act to require the manufacturer of a new motor vehicle to
correct defects originally covered under the manufacturer's warranty which are
identified and reported within a specified period. It is the further intent of
this act to provide procedures to expeditiously resolve disputes between a
consumer and a manufacturer when defects in a new motor vehicle are not
corrected within a reasonable time, and to provide to award specific remedies
where the uncorrected defect substantially impairs the use, value, or safety of
the new motor vehicle.
L. 1988, c. 123, s. 1.
56:12-30. Definitions
2. As used in this act:
"Consumer" means a buyer or lessee, other than for purposes of resale or
sublease, of a motor vehicle; a person to whom a motor vehicle is transferred
during the duration of a warranty applicable to the motor vehicle; or any other
person entitled by the terms of the warranty to enforce the obligations of the
warranty.
"Dealer" means a person who is actively engaged in the business of buying,
selling or exchanging motor vehicles at retail and who has an established place
of business.
"Director" means the Director of the Division of Consumer Affairs in the
Department of Law and Public Safety, or his designee.
"Division" means the Division of Consumer Affairs in the Department of Law and
Public Safety.
"Lease agreement" means a contract or other written agreement in the form of a
lease for the use of a motor vehicle by a person for a period of time exceeding
60 days, whether or not the lessee has the option to purchase or otherwise
become the owner of the motor vehicle at the expiration of the lease.
"Lessee" means a person who leases a motor vehicle pursuant to a lease
agreement.
"Lessor" means a person who holds title to a motor vehicle leased to a lessee
under a lease agreement or who holds the lessor's rights under such an
agreement.
"Lien" means a security interest in a motor vehicle.
"Lienholder" means a person with a security interest in a motor vehicle pursuant
to a lien.
"Manufacturer" means a person engaged in the business of manufacturing,
assembling or distributing motor vehicles, who will, under normal business
conditions during the year, manufacture, assemble or distribute to dealers at
least 10 new motor vehicles.
"Manufacturer's informal dispute settlement procedure" means an arbitration
process or procedure by which the manufacturer attempts to resolve disputes with
consumers regarding motor vehicle nonconformities and repairs that arise during
the vehicle's warranty period.
"Manufacturer's warranty" or "warranty" means any warranty, whether express or
implied of the manufacturer, of a new motor vehicle of its condition and fitness
for use, including any terms or conditions precedent to the enforcement of
obligations under the warranty.
"Motor vehicle" means a passenger automobile or motorcycle as defined in
R.S.39:1-1 which is purchased or leased in the State of New Jersey or which is
registered by the Division of Motor Vehicles in the Department of Law and Public
Safety, except the living facilities of motor homes.
"Nonconformity" means a defect or condition which substantially impairs the use,
value or safety of a motor vehicle.
"Reasonable allowance for vehicle use" means the mileage at the time the
consumer first presents the motor vehicle to the dealer or manufacturer for
correction of a nonconformity times the purchase price, or the lease price if
applicable, of the vehicle, divided by one hundred thousand miles.
L.1988,c.123,s.2; amended 1991,c.130; 1993,c.21,s.3.
56:12-31. Report of nonconformity; repairs
If a consumer reports a nonconformity in a motor vehicle to the manufacturer or
its dealer during the first 18,000 miles of operation or during the period of
two years following the date of original delivery to a consumer, whichever is
earlier, the manufacturer shall make, or arrange with its dealer to make, within
a reasonable time, all repairs necessary to correct the nonconformity. Such
repairs if made after the first 12,000 miles of operation or after the period of
one year following the date of original delivery to the consumer, whichever is
earlier, shall be paid for by the consumer, unless otherwise covered by a
manufacturer's warranty, and shall be recoverable as a cost under section 14 of
this act.
L. 1988, c. 123, s. 3.
56:12-32. Refunds
a. If, during the period specified in section 3 of this act, the manufacturer or
its dealer is unable to repair or correct a nonconformity within a reasonable
time, the manufacturer shall accept return of the motor vehicle from the
consumer. The manufacturer shall provide the consumer with a full refund of the
purchase price of the original motor vehicle including any stated credit or
allowance for the consumer's used motor vehicle, the cost of any options or
other modifications arranged, installed, or made by the manufacturer or its
dealer within 30 days after the date of original delivery, and any other charges
or fees including, but not limited to, sales tax, license and registration fees,
finance charges, reimbursement for towing and reimbursement for actual expenses
incurred by the consumer for the rental of a motor vehicle equivalent to the
consumer's motor vehicle and limited to the period during which the consumer's
motor vehicle was out of service due to a nonconformity, less a reasonable
allowance for vehicle use. Nothing herein shall be construed to preclude a
manufacturer from making an offer to replace the vehicle in lieu of a refund;
except that the consumer may, in any case, reject a manufacturer's offer of
replacement and demand a refund. Refunds shall be made to the consumer and
lienholder, if any, as their interests appear on the records of ownership
maintained by the Director of the Division of Motor Vehicles. In the event that
the consumer accepts an offer to replace the motor vehicle in lieu of a refund,
it shall be the manufacturer's responsibility to insure that any lien on the
returned motor vehicle is transferred to the replacement vehicle.
b. A consumer who leases a new motor vehicle shall have the same remedies
against a manufacturer under this section as a consumer who purchases a new
motor vehicle. If it is determined that the lessee is entitled to a refund
pursuant to subsection a. of this section, the consumer shall return the leased
vehicle to the lessor or manufacturer and the consumer's lease agreement with
the motor vehicle lessor shall be terminated and no penalty for early
termination shall be assessed. The manufacturer shall provide the consumer with
a full refund of the amount actually paid by the consumer under the lease
agreement, including any additional charges as set forth in subsection a. of
this section if actually paid by the consumer, less a reasonable allowance for
vehicle use. The manufacturer shall provide the motor vehicle lessor with a full
refund of the vehicle's original purchase price plus any unrecovered interest
expense, less the amount actually paid by the consumer under the agreement.
Refunds shall be made to the lessor and lienholder, if any, as their interests
appear on the records of ownership maintained by the Director of the Division of
Motor Vehicles.
L. 1988, c. 123, s. 4.
56:12-33. Presumption of inability to correct noncomformity; written
notification
a. It is presumed that a manufacturer or its dealer is unable to repair or
correct a nonconformity within a reasonable time if, within the first 18,000
miles of operation or during the period of two years following the date of
original delivery of the motor vehicle to a consumer, whichever is the earlier
date:
(1) Substantially the same nonconformity has been subject to repair three or
more times by the manufacturer or its dealer and the nonconformity continues to
exist; or
(2) The motor vehicle is out of service by reason of repair for one or more
nonconformities for a cumulative total of 20 or more calendar days sin ce the
original delivery of the motor vehicle and a nonconformity continues to exist.
b. The presumption contained in subsection a. of this section shall a pply
against a manufacturer only if the manufacturer has received written no
tification, by or on behalf of the consumer, by certified mail return receip t
requested, of a potential claim pursuant to the provisions of this act and has
had one opportunity to repair or correct the defect or condition within 10
calendar days following receipt of the notification. Notification by the
consumer shall take place any time after the motor vehicle has had substant
ially the same nonconformity subject to repair two or more times or has been out
of service by reason of repair for a cumulative total of 20 or more calendar
days.
c. The two-year term and the 20-day period specified in this section shall be
extended by any period of time during which repair services are not available to
the consumer because of a war, invasion or strike, or a fire, flood, or other
natural disaster.
L. 1988, c. 123, s. 5.
56:12-34. Statements to consumers
a. At the time of purchase in the State of New Jersey, the manufacturer through
its dealer, or at the time of lease in the State of New Jersey, the lessor,
shall provide directly to the consumer the following written statement on a
separate piece of paper, in 10-point bold-face type: "IMPORTANT: IF THIS VEHICLE
IS DEFECTIVE, YOU MAY BE ENTITLED UNDER NEW JERSEY LAW TO A REFUND OF THE
PURCHASE PRICE OR YOUR LEASE PAYMENTS. FOR COMPLETE INFORMATION REGARDING YOUR
RIGHTS AND REMEDIES UNDER THE RELEVANT LAW, CONTACT THE NEW JERSEY DEPARTMENT OF
LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS."
b. Each time a consumer's motor vehicle is returned from being examined or
repaired during the period specified in section 3 of this act, the manufacturer
through its dealer shall provide to the consumer an itemized, legible statement
of repair which indicates any diagnosis made and all work performed on the
vehicle and provides information including, but not limited to, the following: a
general description of the problem reported by the consumer or an identification
of the problem reported by the consumer or an identification of the defect or
condition; the amount charged for parts and the amount charged for labor, if
paid for by the consumer; the date and the odometer reading when the vehicle was
submitted for repair; and the date and odometer reading when the vehicle was
made available to the consumer.
c. Failure to comply with the provisions of this section constitutes an unlawful
practice pursuant to section 2 of P.L. 1960, c. 39 (C. 56:8-2).
L. 1988, c. 123, s. 6.
56:12-35. Sale, leasing of returned motor vehicle
7. a. If a motor vehicle is returned to the manufacturer under the provisions of
this act or a similar statute of another state or as the result of a legal
action or an informal dispute settlement procedure, it shall not be resold or
re-leased in New Jersey unless:
(1) The manufacturer provides to the dealer or lessor and the dealer or lessor
provides to the consumer the following written statement on a separate piece of
paper, in 10-point bold-face type: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE
MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER'S WARRANTY AND THE
NONCONFORMITY WAS NOT CORRECTED WITHIN A REASONABLE TIME AS PROVIDED BY LAW;"
(2)ÊThe dealer or lessor obtains from the consumer a signed receipt certifying,
in a conspicuous and understandable manner, that the written statement required
under this subsection has been provided. The director shall prescribe the form
of the receipt. The dealer or lessor may fulfill his obligation to obtain a
signed receipt under this paragraph by making such a notation, in a conspicuous
and understandable manner, on the vehicle buyer order form accompanying the sale
or lease of that vehicle; and
(3)ÊThe dealer or lessor, in accordance with the provisions of section 1 of
P.L.1993, c.21 (C.39:10-9.3), notifies the Director of the Division of Motor
Vehicles in the Department of Law and Public Safety of the sale or transfer of
ownership of the motor vehicle.
b.Nothing in this section shall be construed as imposing an obligation on a
dealer or lessor to determine whether a manufacturer is in compliance with the
terms of this section nor shall it be construed as imposing liability on a
dealer or lessor for the failure of a manufacturer to comply with the terms of
this section.
c.ÊFailure to comply with the provisions of this section constitutes an unlawful
practice pursuant to section 2 of P.L.1960, c.39 (C.56:8-2).
L.1988,c.123,s.7; amended 1993,c.21,s.2.
56:12-36. Informal dispute settlement procedure
a.ÊIf a manufacturer has established, or participates in, an informal dispute
settlement procedure pursuant to section 110 of Pub. L. 93-637 (15 U.S.C.
s.2310) and the rules promulgated thereunder, or the requirements of this
section, a consumer may submit a dispute regarding motor vehicle nonconformities
to the dispute settlement body provided by that procedure but a consumer shall
not be required to first participate in the informal dispute settlement
procedure before participating in the division's summary hearing procedure under
this act.
b. If a consumer chooses to use a manufacturer's informal dispute settlement
procedure established pursuant to this section, the findings and decisions of
the dispute settlement body shall state in writing whether the consumer is
entitled to a refund under the presumptions and criteria set out in this act and
the findings and decisions shall be admissible against the consumer and the
manufacturer in any legal action.
c. If the dispute settlement body determines that a consumer is entitled to
relief under this act, the consumer shall be entitled to a refund as authorized
by section 4 of this act.
d.ÊIn any informal dispute settlement procedure established pursuant to this
section:
(1)ÊParticipating arbitrators shall be trained in arbitration and familiar with
the provisions of this act.
(2) Documents shall not be submitted to any dispute settlement body unless the
documents have been provided to each of the parties in the dispute at least
seven days prior to commencement of the dispute settlement hearing. The parties
shall be given the opportunity to comment on the documents in writing or with
oral presentation.
(3) No party shall participate in the informal dispute settlement procedure
unless all other parties are also present and given an opportunity to be heard,
or unless the other parties consent to proceeding without their presence and
participation.
(4) A consumer shall be given an adequate opportunity to contest a
manufacturer's assertion that a nonconformity falls within intended
specifications for the vehicle by having the basis of the manufacturer's claim
appraised by a technical expert selected and paid for by the consumer prior to
the manufacturer's informal dispute settlement procedure. If the dispute
settlement body rules in favor of the consumer, his costs and reasonable
attorney's fees shall also be awarded.
(5) A dispute shall not be heard if there has been a recent attempt by the
manufacturer to repair a consumer's vehicle, but no response has yet been
received by the dispute settlement body from the consumer as to whether the
repairs were successfully completed. This provision shall not prejudice a
consumer's right under this section.
(6) The manufacturer shall provide, and the dispute settlement body shall
consider, any relevant technical service bulletins which have been issued by the
manufacturer regarding motor vehicles of the same make and model as the vehicle
that is the subject of the dispute.
e.ÊAny manufacturer who establishes, or participates in, an informal dispute
settlement procedure, whether it meets the requirements of this section or not,
shall maintain, and forward to the director at six month intervals, the
following records:
(1) The number of purchase price and lease price refunds requested, the number
awarded by the dispute settlement body, the amount of each award and the number
of awards satisfied in a timely manner;
(2) The number of awards in which additional repairs or a warranty extension was
the most prominent remedy, the amount or value of each award, and the number of
awards satisfied in a timely manner;
(3) The number and total dollar amount of awards in which some form of
reimbursement for expenses or compensation for losses was the most prominent
remedy, the amount or value of each award and the number of awards satisfied in
a timely manner; and
(4) The average number of days from the date of a consumer's initial request to
use the manufacturer's informal dispute settlement procedure until the date of
the decision and the average number of days from the date of the decision to the
date on which performance of the award was satisfied.
L. 1988, c. 123, s. 8.
56:12-37. Dispute resolution
9. a. A consumer shall have the option of submitting any dispute arising under
section 4 of this act to the division for resolution. The director may establish
a filing fee, to be paid by the consumer, fixed at a level not to exceed the
cost for the proper administration and enforcement of this act. This fee shall
be recoverable as a cost under section 14 of this act. Upon application by the
consumer and payment of any filing fee, the manufacturer shall submit to the
State hearing procedure. The filing of the notice in subsection b. of section 5
of P.L.1988, c.123 (C.56:12-33) shall be a prerequisite to the filing of an
application under this section.
b. The director shall review a consumer's application for dispute resolution and
accept eligible disputes for referral to the Office of Administrative Law for a
summary hearing to be conducted in accordance with special rules adopted
pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), by the Office of Administrative Law in consultation with the director.
Immediately upon acceptance of a consumer's application for dispute resolution,
the director shall contact the parties and arrange for a hearing date with the
Clerk of the Office of Administrative Law. The hearing date shall, to the
greatest extent possible, be convenient to all parties, but shall be no later
than 20 days from the date the consumer's application is accepted, unless a
later date is agreed upon by the consumer. The Office of Administrative Law
shall render a decision, in writing, to the director within 20 days of the
conclusion of the summary hearing. The decision shall provide a brief summary of
the findings of fact, appropriate remedies pursuant to this act, and a specific
date for completion of all awarded remedies. The director, upon a review of the
proposed decision submitted by the administrative law judge, shall adopt,
reject, or modify the decision no later than 15 days after receipt of the
decision. Unless the director modifies or rejects the decision within the 15-day
period, the decision of the administrative law judge shall be deemed adopted as
the final decision of the director. If the manufacturer unreasonably fails to
comply with the decision within the specified time period, the manufacturer
shall be liable for penalties in the amount of $5,000.00 for each day the
manufacturer unreasonably fails to comply, commencing on the day after the
specified date for completion of all awarded remedies.
c. The Office of Administrative Law is authorized to issue subpoenas to compel
the attendance of witnesses and the production of documents, papers and records
relevant to the dispute.
d. A manufacturer or consumer may appeal a final decision to the Appellate
Division of the Superior Court. An appeal by a manufacturer shall not be heard
unless the petition for the appeal is accompanied by a bond in a principal sum
equal to the money award made by the administrative law judge plus $2,500.00 for
anticipated attorney's fees and other costs, secured by cash or its equivalent,
payable to the consumer. The liability of the surety of any bond filed pursuant
to this section shall be limited to the indemnification of the consumer in the
action. The bond shall not limit or impair any right of recovery otherwise
available pursuant to law, nor shall the amount of the bond be relevant in
determining the amount of recovery to which the consumer shall be entitled. If a
final decision resulting in a refund to the consumer is upheld by the court,
recovery by the consumer shall include reimbursement for actual expenses
incurred by the consumer for the rental of a motor vehicle equivalent to the
consumer's motor vehicle and limited to the period of time after which the
consumer's motor vehicle was offered to the manufacturer for return under this
act, except in those cases in which the manufacturer made a comparable vehicle
available to the consumer free of charge during that period. If the court finds
that the manufacturer had no reasonable basis for its appeal or that the appeal
was frivolous, the court shall award treble damages to the consumer. Failure of
the Office of Administrative Law to render a written decision within 20 days of
the conclusion of the summary hearing as required by subsection b. of this
section shall not be a basis for appeal.
e. The Attorney General shall monitor the implementation and effectiveness of
this act and report to the Legislature after three years of operation, at which
time a recommendation shall be made either to continue under the procedures set
forth in this act or to make such modifications as may be necessary to
effectuate the purposes of this act.
L.1988,c.123,s.9; amended 1993,c.21,s.4.
56:12-38. Statistics
10. a. The Division of Consumer Affairs shall maintain an index of all motor
vehicle disputes by make and model. The division shall, at six-month intervals,
compile and maintain statistics indicating the record of manufacturer compliance
with any settlement procedure decisions. The statistics shall be public record.
b. A manufacturer shall provide to the division all information on private
arbitration or private buy-back programs maintained or instituted by the
manufacturer. The information shall include the type and number of vehicles to
which these programs apply and the reasons for establishing and maintaining the
programs. The manufacturer shall provide the division with updated information
at six month intervals.
L.1988,c.123,s.10; amended 1993,c.21,s.5.
56:12-39. Decision binding
A consumer shall not be required to participate in a manufacturer's informal
dispute settlement procedure or the division's summary hearing procedure before
filing an action in the Superior Court. However, a decision rendered in a
proceeding brought pursuant to the division's summary hearing procedure shall be
binding on the consumer and the manufacturer, subject to the right of appeal as
set forth in subsection d. of section 9 of this act, and shall preclude the
institution of any other action in the Superior Court under this act.
L. 1988, c. 123, s. 11.
56:12-40. Affirmative defense
It shall be an affirmative defense to a claim under this act that the alleged
nonconformity does not substantially impair the use, value, or safety of the new
motor vehicle or that the nonconformity is the result of abuse, neglect, or
unauthorized modifications or alterations of the motor vehicle by anyone other
than the manufacturer or its dealer.
L. 1988, c. 123, s. 12.
56:12-41. Pleading
Any party to an action in the Superior Court of this State asserting a claim,
counterclaim or defense based upon violations of this act shall mail a copy of
the initial or responsive pleading containing the claim, counterclaim or defense
to the Attorney General within 10 days after filing the pleading with the court.
Upon application to the court in which the matter is pending, the Attorney
General may intervene or appear in any status appropriate to this matter.
L. 1988, c. 123, s. 13.
56:12-42. Attorney, expert fees; costs
14. In any action by a consumer against a manufacturer brought in Superior Court
or in the division pursuant to the provisions of this act, a prevailing consumer
shall be awarded reasonable attorney's fees, fees for expert witnesses and
costs.
L.1988,c.123,s.14; amended 1993,c.21,s.6.
56:12-43. Use of funds
All fees, penalties and costs collected by the division pursuant to this act
shall be appropriated for purposes of offsetting costs associated with the
handling and resolution of consumer automotive complaints.
L. 1988, c. 123, s. 15.
56:12-44. Inherent design defect
A manufacturer shall certify to the division, within one year of discovery, the
existence of any inherent design defect common to all motor vehicles of a
particular model or make. Failure to comply with this constitutes an unlawful
practice pursuant to section 2 of P.L. 1960, c. 39 (C. 56:8-2).
L. 1988, c. 123, s. 16.
56:12-45. Proceedings
The director may institute proceedings against any manufacturer who fails to
comply with any of the provisions of this act.
L. 1988, c. 123, s. 17.
56:12-46. No liability, cause of action
Nothing in this act shall be construed as imposing any liability on a dealer, or
creating a cause of action by a manufacturer against a dealer, and nothing shall
be construed as imposing any liability on a dealer, or creating a cause of
action by a consumer against a dealer under section 4 of this act.
L. 1988, c. 123, s. 18.
56:12-47. No limitation on rights
Nothing in this act shall in any way limit the rights or remedies which are
otherwise available to a consumer under any other law.
L. 1988, c. 123, s. 19..
56:12-48. Agreements void
Any agreement entered into by a consumer for the purchase or lease of a new
motor vehicle which waives, limits or disclaims the rights set forth in this act
shall be void as contrary to public policy.
L. 1988, c. 123, s. 20.
56:12-49. Rules, regulations
Within 120 days following enactment, the director shall, subject to approval by
the Attorney General and pursuant to the provisions of the "Administrative
Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and
regulations necessary to effectuate the purposes of this act.
L. 1988, c. 123, s. 21.
USED VEHICLES
New Jersey Used Vehicle Lemon Law Statutes
Title 56:8-67 - 56:8-80
56:8-67. Definitions relative to sale and warranty of certain used vehicles
1. As used in this act:
"As is" means a used motor vehicle sold by a dealer to a consumer without any
warranty, either express or implied, and with the consumer being solely
responsible for the cost of any repairs to that motor vehicle.
"Consumer" means the purchaser or prospective purchaser, other than for the
purpose of resale, of a used motor vehicle normally used for personal, family or
household purposes.
"Covered item" means and includes the following components of a used motor
vehicle: Engine - all internal lubricated parts, timing chains, gears and cover,
timing belt, pulleys and cover, oil pump and gears, water pump, valve covers,
oil pan, manifolds, flywheel, harmonic balancer, engine mounts, seals and
gaskets, and turbo-charger housing; however, housing, engine block and cylinder
heads are covered items only if damaged by the failure of an internal lubricated
part. Transmission Automatic/Transfer Case - all internal lubricated parts,
torque converter, vacuum modulator, transmission mounts, seals and gaskets.
Transmission Manual/Transfer Case - all internal lubricated parts, transmission
mounts, seals and gaskets, but excluding a manual clutch, pressure plate,
throw-out bearings, clutch master or slave cylinders. Front-Wheel Drive - all
internal lubricated parts, axle shafts, constant velocity joints, front hub
bearings, seals and gaskets, Rear-Wheel Drive - all internal lubricated parts,
propeller shafts, supports and U-joints, axle shafts and bearings, seals and
gaskets.
"Dealer" means any person or business which sells or offers for sale a used
motor vehicle after selling or offering for sale three or more used motor
vehicles in the previous 12-month period.
"Deduction for personal use" means the mileage allowance set by the federal
Internal Revenue Service for business usage of a motor vehicle in effect on the
date a used motor vehicle is repurchased by a dealer in accordance with section
5 of this act, multiplied by the total number of miles a used motor vehicle is
driven by a consumer from the date of purchase of that vehicle until the time of
its repurchase.
"Director" means the Director of the Division of Consumer Affairs in the
Department of Law and Public Safety.
"Excessive wear and tear" means wear or damage to a used motor vehicle beyond
that expected to be incurred in normal circumstances.
"Material defect" means a malfunction of a used motor vehicle, subject to a
warranty, which substantially impairs its use, value or safety.
"Repair insurance" means a contract in writing to refund, repair, replace,
maintain or take other action with respect to a used motor vehicle for any
period of time or any specified mileage and provided at an extra charge beyond
the price of the used motor vehicle.
"Service contract" means a contract in writing to refund, repair, replace,
maintain or take other action with respect to a used motor vehicle for any
period of time or any specific mileage or provided at an extra charge beyond the
price of the used motor vehicle.
"Used motor vehicle" means a passenger motor vehicle, excluding motorcycles,
motor homes and off-road vehicles, title to, or possession of which has been
transferred from the person who first acquired it from the manufacturer or
dealer, and so used as to become what is commonly known as "secondhand," within
the ordinary meaning thereof but does not mean a passenger motor vehicle,
subject to a motor vehicle lease agreement which was in effect for more than 90
days , which is sold by the lessor to the lessee, or to a family member or
employee of the lessee upon the termination of the lease agreement.
"Warranty" means any undertaking, in writing and in connection with the sale by
a dealer of a used motor vehicle, to refund, repair, replace, maintain or take
other action with respect to the used motor vehicle, and which is provided at no
extra charge beyond the price of the used motor vehicle.
L.1995,c.373,s.1; amended 1997,c.22,s.1.
56:8-67.1 Sale of used passenger motor vehicle, upon termination of lease
agreement
2. A lessor who is a dealer and who sells or offers for sale a used passenger
motor vehicle, subject to a motor vehicle lease agreement which was in effect
for more than 90 days, to a consumer who is not the lessee, or a family member
or employee of the lessee upon the termination of the lease agreement, shall be
subject to the provisions of P.L.1995, c.373 (C.56:8-67 et seq.) including the
bonding requirement of section 11 of that act (C.56:8-77).
L.1997,c.22,s.2.
56:8-68.Unlawful practices
2. It shall be an unlawful practice for a dealer:
a. To misrepresent the mechanical condition of a used motor vehicle;
b. To fail to disclose, prior to sale, any material defect in the mechanical
condition of the used motor vehicle which is known to the dealer;
c. To represent that a used motor vehicle, or any component thereof, is free
from material defects in mechanical condition at the time of sale, unless the
dealer has a reasonable basis for this representation at the time it is made;
d. To fail to disclose, prior to sale, the existence and terms of any written
warranty, service contract or repair insurance currently in effect on a used
motor vehicle provided by a person other than the dealer, and subject to
transfer to a consumer, if known to the dealer;
e. To misrepresent the terms of any written warranty, service contract or repair
insurance currently in effect on a used motor vehicle provided by a person other
than the dealer, and subject to transfer to a consumer;
f. To fail to disclose, prior to sale, the existence and terms of any written
warranty, service contract or repair insurance offered by the dealer in
connection with the sale of a used motor vehicle;
g. To misrepresent the terms of any warranty, service contract or repair
insurance offered by the dealer in connection with the sale of a used motor
vehicle;
h. To represent, prior to sale, that a used motor vehicle is sold with a
warranty, service contract or repair insurance when the vehicle is sold without
any warranty, service contract or repair insurance;
i. To fail to disclose, prior to sale, that a used motor vehicle is sold without
any warranty, service contract, or repair insurance; and
j. To fail to provide a clear written explanation, prior to sale, of what is
meant by the term "as is," if the used motor vehicle is sold "as is."
L.1995,c.373,s.2.
56:8-69.Written warranty required; minimum durations
3. It shall be an unlawful practice for a dealer to sell a used motor vehicle to
a consumer without giving the consumer a written warranty which shall at least
have the following minimum durations:
a. If the used motor vehicle has 24,000 miles or less, the warranty shall be, at
a minimum, 90 days or 3,000 miles, whichever comes first;
b. If the used motor vehicle has more than 24,000 miles but less than 60,000
miles, the warranty shall be, at a minimum, 60 days or 2,000 miles, whichever
comes first; or
c. If the used motor vehicle has 60,000 miles or more, the warranty shall be, at
a minimum, 30 days or 1,000 miles, whichever comes first, except that a consumer
may waive his right to a warranty as provided under section 7 of this act.
L.1995,c.373,s.3.
56:8-70.Written warranty; requirements of dealer
4. The written warranty shall require the dealer, upon failure or malfunction of
a covered item during the term of the warranty, to correct the malfunction or
defect, provided the used motor vehicle is delivered to the dealer, at his
regular place of business, and subject to a deductible amount of $50 to be paid
by the consumer for each repair of a covered item. This written warranty shall
exclude repairs covered by any manufacturer's warranty, or recall program, as
well as repairs of a covered item required because of collision, abuse, or the
consumer's failure to properly maintain such used motor vehicle in accordance
with the manufacturer's recommended maintenance schedule, or from damage of a
covered item caused as a result of any commercial use of the used motor vehicle,
or operation of such vehicle without proper lubrication or coolant, or as a
result of any misuse, negligence or alteration of such vehicle by someone other
than the dealer.
L.1995,c.373,s.4.
56:8-71.Dealer's failure to correct defect
5. a. If, within the periods specified in section 3 of this act, the dealer or
his agent fails to correct a material defect of the used motor vehicle, after a
reasonable opportunity to repair the used motor vehicle, the dealer shall
repurchase the used motor vehicle and refund to the consumer the full purchase
price, excluding all sales taxes, title and registration fees, or any similar
governmental charges, and less a reasonable allowance for excessive wear and
tear and less a deduction for personal use of such vehicle. Refunds shall be
made to the consumer and lienholder, if any, as their interests appear on the
records of ownership kept by the Director of the Division of Motor Vehicles.
b. It shall be an affirmative defense to any claim under this section that:
(1)The alleged material defect does not substantially impair the use, value or
safety of the used motor vehicle; or
(2)The material defect is the result of abuse, neglect or unauthorized
modification or alteration of the used motor vehicle by anyone other than the
dealer or his agent.
c. It shall be presumed that a dealer has a reasonable opportunity to correct or
repair a material defect in a used motor vehicle, if:
(1)The same material defect has been subject to repair three or more times by
the dealer or his agent within the warranty period, but the material defect
continues to exist; or
(2)The used motor vehicle is out of service by reason of waiting for the dealer
to begin or complete repair of the material defect for a cumulative total of 20
or more days during the warranty period.
L.1995,c.373,s.5.
56:8-72.Term of warranty extended for repairs
6. The term of any written warranty offered by a dealer in connection with the
sale of a used motor vehicle shall be extended by any time period during which
the used motor vehicle is waiting for the dealer or his agent to begin or
complete repairs of a material defect of the used motor vehicle.
L.1995,c.373,s.6.
56:8-73.Waiver of dealer's obligation to provide warranty
7. Notwithstanding any provision of this act to the contrary, a consumer, as a
result of a price negotiation for the purchase of a used motor vehicle with over
60,000 miles, may elect to waive the dealer's obligation to provide a warranty
on the used motor vehicle. The waiver shall be in writing and separately stated
in the agreement of retail sale or in an attachment thereto and separately
signed by the consumer. The waiver shall state the dealer's obligation to
provide a warranty on used motor vehicles offered for sale, as set forth in
sections 3 and 4 of this act. The waiver shall indicate that the consumer,
having negotiated the purchase price of the used motor vehicle and obtained a
price adjustment, is electing to waive the dealer's obligation to provide a
warranty on the used motor vehicle and is buying the used motor vehicle "as is."
L.1995,c.373,s.7.
56:8-74.Warranty given as a matter of law
8. If a dealer fails to give a written warranty required by this act, the dealer
nevertheless shall be deemed to have given the warranty as a matter of law,
unless a waiver has been signed by the consumer in accordance with section 7 of
this act.
L.1995,c.373,s.8.
56:8-75.Remedies, rights preserved
9. Nothing in this act shall in any way limit the rights or remedies which are
otherwise available to a consumer under any other law.
L.1995,c.373,s.9.
56:8-76.Nonapplicability of act
10. The provisions of sections 3, 4, and 5 shall not apply to: any used motor
vehicle sold for less than $3,000; any used motor vehicle over seven or more
model years old; any used motor vehicle which has been declared a total loss by
an insurance company and with respect to which the consumer, at or prior to the
time of sale, has been advised in writing that the used motor vehicle has been
declared a total loss by an insurance company; or, any used motor vehicle with
more than 100,000 miles.
L.1995,c.373,s.10.
56:8-77.Bond to assure compliance
11. To assure compliance with the requirements of this act, a dealer shall
provide a bond in favor of the State of New Jersey in the amount of $10,000,
executed by a surety company authorized to transact business in the State of New
Jersey by the Department of Insurance and to be conditioned on the faithful
performance of the provisions of this act. This bond shall be for the term of 12
months and shall be renewed at each expiration for a similar period. The
Director of the Division of Motor Vehicles shall not issue a dealer's license
and shall not renew a license of any dealer who has not furnished proof of the
existence of the bond required by this act.
L.1995,c.373,s.11.
56:8-78.Rules, regulations
12. The Director shall adopt rules and regulations pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to
effectuate the purposes of this act.
L.1995,c.373,s.12.
56:8-79.Consumer awareness program required
13. The director shall implement a consumer awareness program which shall advise
consumers of the requirements, protections and benefits provided by this act,
within 120 days following enactment of this act.
L.1995,c.373,s.13.
56:8-80.Administrative fee established
14. The director may establish an administrative fee, to be paid by the
consumer, in order to implement the provisions of this act, which fee shall be
fixed at a level not to exceed the cost for the administration and enforcement
of this act.
L.1995,c.373,s.14.
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